Bought a fake! Major dilemma!

spinning_hamster_wheel

DrFluffy wrote: »

And sit back and watch as ebay do nothing, as per usual, and the item sells...

She'll probably get good feedback for the bag too :rotfl:

spinning_hamster_wheel

frivolous_fay wrote: »

paypal.kim@ebay.com View Listings | Report 01-08-07 13:18 BST 1 of 6 My understanding on this is that it is illegal in the UK to send known counterfeit goods through the post. So instead of us asking you to break the law we ask you to destroy the item.... If the letter is faxed through in the timeframe requested this should suffice.

can you tell me where in this it says anything about faxing them anything?

We have determined that you may be eligible for a refund on this PayPal
transaction. To qualify for a refund, please return the item received to
the seller in the same condition in which it was received. (You are
responsible for postage and packing costs for the returned merchandise.)
The amount you will be eligible to receive is determined by the terms of
our buyer protection policies, and we may be unable to make a full recovery
of your payment from the seller. Please review the buyer protection
policies in our User Agreement before returning the item to the seller.

frenchconnection200

Post on The Purse Forum, they love naming and shaming people who deal in fakes.
Slightly off topic (if you don't mind) I'd like a Mulberry bag but I wouldn't dare get one off Ebay, I've noticed 2 sellers with one day listings, no paypal, have only bought things and using private feedbag starting £600 brand new bags at a tenner! Asked one of them to send me more pics and they emailed me saying they weren't at home so couldn't and ignored my question asking where they bought it from. The pics look like genuine bags but I suspect someone is going to get stung.

spinning_hamster_wheel

frenchconnection200 wrote: »

Post on The Purse Forum, they love naming and shaming people who deal in fakes.
Slightly off topic (if you don't mind) I'd like a Mulberry bag but I wouldn't dare get one off Ebay, I've noticed 2 sellers with one day listings, no paypal, have only bought things and using private feedbag starting £600 brand new bags at a tenner! Asked one of them to send me more pics and they emailed me saying they weren't at home so couldn't and ignored my question asking where they bought it from. The pics look like genuine bags but I suspect someone is going to get stung.

I'm a member of tPF already:rotfl: I've never been stung like this before, the discription of the bag listed it as USED and it arrived BNWT and clearly a different bag, so I'm choosing to think I got caught out because the seller was deliberately being misleading in the description. The funniest bit? On the tag that arrived with the bag it states "MULBERRY EMMY PURSE" - which is a completely different Mulberry to the one I purchased! My friend scanned the barcode on this tag and it went through at £85 so the bloody tag is the only part of the bag thats the real deal!


Have just spoken to an actual human at paypal who told me NOT to send the bag back or close the claim (as the seller wants me to) but get someone from Mulberry to write a letter stating the bag is not real, and go to the Police and get a Crime Referance Number. Sigh.

To answer your query; bags off eBay; not a good thing! Thats one valuable MSE lesson I've learned today :money: There are 3 Mulberry Outlets who sell end of season bags reduced (if you phone up they'll post out to you for £7) or just wait for their sales, twice a year, you can usually get an extra 10% off the sale prices if you sign up to receive Mulberry newsletters via email.

And breathe.

frivolous_fay

spinning_hamster_wheel wrote: »

Have just spoken to an actual human at paypal who told me NOT to send the bag back or close the claim (as the seller wants me to) but get someone from Mulberry to write a letter stating the bag is not real, and go to the Police and get a Crime Referance Number. Sigh.

Pretty much what I've been saying then

barvid

spinning_hamster_wheel wrote: »

I simply meant that defamation is a crime in Scotland and the English equivalent is libel/slander depending on whether it is spoken or written, hence your obvious confusion. I am glad to be able to put you straight. If I named my seller on here it would be libel since she is domiciled in England. I am in Scotland and my seller is in England. By using the term "guys" I was simply trying to be, how do you put it, "down with the kids":rolleyes: . Nevertheless, I am sorry if I have caused any offence.

Not so. It would only be libel if it were false. If it's true (and we assume you're telling the truth) then it would not be defamation of any kind. Just a technicality.

Incidentally, the spoken/written distinction for slander/libel is also not entirely accurate - it's more of a temporary/permanent thing. Both are defamation, though.

I don't see how you could sue the seller - you'd have your money back so you would be back at square one, with no loss. That's the only thing you could sue for. You've lost nothing, provided you receive a refund, so what loss are you suing for?

li'l_p

I think it's good of her to offer a refund straight up, regardless of the fact that she did not apologise (you have to accept with ebay that some people have NO manners!). Perhaps a sign that she accepts it is not the real deal so she simply offers a refund/return to those that figure it out. I would expect that some people are not as astute as yourself and would accept it as the real thing (...we don't all have friends in the know!) not to mention that some people aren't too bothered about paying a fair whack for something that's fake, so long as it looks the business they aren't bothered - hence the reason she states she has a 'waiting list' which I'm sure she does.

Does it really matter whether she's a celeb or not nor whether English is her first language - what relevance is this? I would expect that she's simply using this 'celeb' email address as a guise to create credability to her *genuine* items (i.e. she has the cash to be able to afford them).

I personally would return the item via trackable method, get your money back and report her to ebay. Seeing as though she is willing to refund, I wouldn't do or say anything that could get her back up, as it will make it ten times worse. As for getting your solicitor husband involved, at this stage, again I think it this is unnecessary and a bit OTT considering she has offered a refund with no quibble. If she was refusing to accept a return & refund, then and only then would you look to getting anyone else involved.

The best thing you can do is accept a refund and accept that you've learned a valuable lesson and that you'll be a lot more careful about making future purchases of 'designer' goods.

Good luck and let us know how you get on...

frivolous_fay

li'l_p wrote: »

I think it's good of her to offer a refund straight up

Are you serious? If you were sold a fake, you'd feel grateful if they offered a refund? Not even slightly P'd off that you were sold a fake? (Illegal, incidentally)

li'l_p wrote: »

Perhaps a sign that she accepts it is not the real deal so she simply offers a refund/return to those that figure it out.

Or how about this... she offers refunds to those who suss her out, in order to sweeten them up and stop them reporting her. Then she just carries on.

Time2Go_25

frivolous_fay wrote: »

Are you serious? If you were sold a fake, you'd feel grateful if they offered a refund? Not even slightly P'd off that you were sold a fake? (Illegal, incidentally)



Or how about this... she offers refunds to those who suss her out, in order to sweeten them up and stop them reporting her. Then she just carries on.

Yes I'd be p'd off, assuming I didn't know it was a fake, yes I'd be grateful for being offered a refund, so often if you buy a fake trying to get a refund is almost imposssible.

We still don't know she knew it was a fake, so everyone accusing the seller of selling fakes could be making false acusations.

spinning_hamster_wheel

barvid wrote: »

I don't see how you could sue the seller - you'd have your money back so you would be back at square one, with no loss. That's the only thing you could sue for. You've lost nothing, provided you receive a refund, so what loss are you suing for?

Its not the loss of money so much as the fact that she entered into a contract to supply me with a genuine Mulberry handbag. You could argue that I suffered a loss in the sense that she was to supply me with a genuine bag for £100 which she has not done. Theresore my "loss" is that of the genuine bag that I now do not have in my possession. I did not want to keep my money or have my money back, I wanted to exchange my money with the seller in return for the genuine bag.

She has no grounds for rescinding the contract on the basis that she (unknowlingly perhaps) sold me a fake. She cannot simply go "whoops! I'lll give you your money back and we're quits" the contract can only be unmade is BOTH parties agree. She has to supply the item that she offered in the contract. She is not allowed to dissolve the contract on her own terms.

Of course we now enter shaky ground on whether or not eBay constitutes a binding contract and the differences betweens Scots and English law. And I can't really be bothered to debate this on here. I suppose you can argue it constitutes a binding contract if it is in your interests for it to do so! And vice versa!

I would like my money back (hopefully!) then I will see if I'm still p**sed off enough about it to take it further.